This article examines the issue of whether the implied warranty of habitability should be imposed on non-merchant landlords. The author explores the rationales which supported the creation of the warranty, examines the content of the warranty and discusses the reasons for the requirement of merchant status in product liability law. Finally, the author concludes that the policies of the implied warranty of habitability would most readily be served by its application to non-merchant landlords in a contract context and in a tort context predicated upon a negligence standard.
Jane P. Mallor,
The Implied Warranty of Habitability and the "Non-Merchant" Landlord,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol22/iss3/4